BHARTI Vs. MANOJ & OTHERS

JUDGEMENT

(1.) The present Second Appeal has filed against the order dated 30.08.2017 passed in Civil Suit No.38-A/2009, by which, the suit of the plaintiff has been dismissed. The appeal is also against the order passed by the appellate Court in Civil Appeal No.13-A/2013 dated 29.04.2018.

(2.) The facts of the case reveal that the plaintiff has filed a suit claiming declaration of title in respect of land situated at Sudaama Colony, Street No.4, Ward No.7 Sendhwa, District Barwani stating that he has purchased the land and a temporary structure for a sum of Rs.80,000/- from one Mona w/o Jitendra and on 23.05.2005 a sum of Rs.72,000/- was paid and later on entire consideration was paid. It was stated in the plaint that it was the defendant who was interfering with the peaceful possession of the plaintiff and in those circumstances, the declaration of title and injunction was sought.

(3.) The defendants have filed the written statement and it was brought to the notice of this Court that the original land owner was Manoj Rahore and he has sold the land on 16.07.2004 to the defendant and defendant was also placed in possession, meaning thereby, the title holder of the property has sold the property in the year 2004 to the defendant, and subsequently, a person who was not having the tile has sold the property in the year 2008 to the plaintiffs.